IT Is Not Always Required That Statement Made By a Victim Before His/her Death is Certified By Any Doctor- High Court of Patna
TITLE- Tinku Paswan Vs The State of Bihar
DECIDED ON-11/12/2023
+CR.APP(DB)No.-1428/2017
CORAM-HON’BLE JUSTICE MR.ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA
INTRODUCTION
As per this case Appellant has challenged the judgement and order of conviction and sections passed by the Learned 1st Addl.Sessions Judge where has been sentenced for life under section 302 of IPC and 498(A) of IPC with fine where The Hon’ble court states that statement made by a victim before his/her death is not always required to be certified by the doctor and conviction of the appellant under section 302 and 498A by the trail court been setaside and appeal is been allowed.
FACTS
As per the facts of the case Appellant is the husband of the deceased and the FIR was lodged by the victim herself , recorded by petitioner witness no.6 and was signed by the father and the brother of the deceased.As per the Prosecution case the deceased is been married to the appellant about four years ago and have two children.As she was not treated she went to her parents house but on December when she went to her matrimonial house and on 07/01/2014 the appellant assualted her due to not cookong food and was set on fire when she retorted against the appellant.As on the basis of the fardbeyan statement of the deceased when she was struggling with life a case was registered under section 307 and 498(A) of IPC but with the death of the deceased Section 304-B was added.charges were framed under section 498(A),304-B,302 of the IPC and the Trial court after examined witnesses on behalf of the Prosecution found the accusation against the appellant under section 304-B IPC to be groundless as there was no evidence for it.Conviction was recorded under section 498(A) and 302 of the IPC and the appellant was sentenced.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court in the observation observed that firstly the father did not come to support the Prosecution case and the brother of deceased state that the burn injuries recived by his siste is while cooking.Then the doctor did not find any smell of kerosene oil from the dead body as per the allegations made by the Prosecution.As according to the statement if it was recorded in the emergency ward of the Hospital it was the duty of the Investigator to have got it certified by any Doctor, attending not that she was in a position to make such statements.As the Hon’ble court are in quandry whether to accept such statement of deceased As the law with respect to dying declaration has been well settled now.It is not always required that statement made by the victim before his/her death is certified by any Doctor.However as per this case were there is no one to support the accusation against the appellant no certificate by a Doctor about the condition of the victim while giving statement make it doubtful.As there is no proper evidence against the appellant under section 304-B was found to be wanting so no conviction recorded under section 304-B of the IPC and except the statements of the investigator and dying declaration of the victim there is nothing on record which Justify the conviction of the appellant under section 498(A).As per the Hon’ble court,The conviction of the appellant under section 498(A) and 302 of IPC referred to above is set aside and the appellant is been acquitted of the charges levelled against him.The appeal stands allowed.
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Written by-Prachee Novo Mukherjee
